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(영문) 수원지방법원안양지원 2020.11.20 2020고합98
강간미수
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 24, 2020, the Defendant: (a) received a marina log at the business place “C” of the 19:30 on May 24, 2020, and (b) told the victim D (the name of the victim), who was seated in the Kabter, that the 50,000 won was a defect once in the sex relationship; (c) however, as the refusal was made, the Defendant led the victim to a marina area (No. 6 rooms) where the gate was opened, and attempted to commit rape on the floor, but the Defendant was able to resist and commit attempted to commit rape.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to a report on investigation (a CCTV investigation into generated areas);

1. Articles 300 and 297 of the Criminal Act applicable to the crimes;

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

1. The main sentence of Article 16 (2) and (4) of the Criminal Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by Order to attend a lecture and community service order under Article 62 (1) of the Act on the Suspension of Execution (hereinafter the following

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information; the proviso to Article 49(1) and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 16622, Nov. 26, 2019); the fact that there is no history of sex offense against the Defendant; personal information registration of the Defendant; and the order to attend a sexual assault treatment course is expected to have an effect of preventing re-offending; and other circumstances such as the Defendant’s age, character, character, environment, motive, means and consequence of the crime; the circumstances after the crime; the profits expected by the order to disclose or notify the Defendant’s personal information; and the disadvantages and anticipated side effects of the Defendant therefrom, it is deemed that there is a special reason for not to disclose or notify the Defendant’s personal information)

1. Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 16622, Nov. 26, 2019); and Article 2 of the former Children and Juveniles against Sexual Abuse;

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